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Securities
Negligence
Negligent Supervision

Jimmy D. Hair, Karen E. Hair, Oceans 30 Inc. v. Sun America Securities Inc. aka Sagepoint Financial Inc., Keith P. DeGreen, Jared B. Roskelley

Published: Feb. 5, 2011 | Result Date: Jan. 7, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-01800 Arbitration –  Defense

Court

FINRA


Attorneys

Claimant

Rosemary J. Shockman


Respondent

Robert B. Ericson
(Albert & Will LLP)

Robert D. Mitchell

Alan Baskin


Facts

Jimmy Hair, Karen Hair and Oceans 30 Inc. entered into arbitration with SunAmerica Securities Inc., Keith DeGreen, and Jared Roskelley regarding investments in an IRS Code Section 1031 exchange vehicle and alleged Ponzi scheme.

Contentions

CLAIMANTS' CONTENTIONS:
The Hairs and Oceans 30 alleged negligence, negligent supervision, violation of Arizona Securities Statutes and Regulations, as well as breach of contract, breach of fiduciary duty, fraud, and negligent misrepresentation.

RESPONDENTS' CONTENTIONS:
The claimants denied the allegations, asserting various affirmative defenses. DeGreen filed a cross-claim against Roskelley alleging breach of regulatory and contractual duties, and cross-claimed against SunAmerica for indemnification.

Damages

The Hairs and Oceans 30 sought rescission or damages of $1.1 million, as well as interest, attorney fees, and costs.

Result

The arbitration panel found DeGreen was not involved in the alleged violations, and recommended expungement of his record. The remaining parties reached a settlement.

Other Information

ARBITRATORS: Marc Kalish, Henry L. Dahl, Jr., Charles W. Herf


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